Search by Keyword:
Start Date:
End Date:
Tip: Wrap text in quotation marks when searching for phrases (e.g. "motion to dismiss").

67 Results

Clear Search Parameters x
Location: Solano x
Judge: Daniels, D. Scott x
2019.37 Motion to Extend Discovery Cut-Off or Reopen Discovery 601
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.37
Excerpt: ...a need and good reason to extend the discovery cut‐off with respect to certain discovery in this case, and that doing so will not result in any delay of trial or prejudice to SEENO CONSTRUCTION or ASPEN INSURANCE. DGC has established a need to extend the discovery cut‐off so that DGC may file motions to compel with respect to the verified discovery responses that were recently provided by SEENO, to the extent such motions are permitted under ...
2021.03.22 Motion to Tax Costs 677
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2021.03.22
Excerpt: ...e costs of “Transcripts of court proceedings not ordered by the court.” As Item 11 in the memorandum of costs, KAISER GYPSUM COMPANY, INC. (“KAISER”) claimed $29,707.68 in court reporter fees for daily trial transcripts. Of this amount, by time of reply Plaintiff had withdrawn its challenge to the Realtime component of those costs, which the court from the table provided in KAISER's opposition computes to be $2,338.74. Those other costs c...
2019.12.19 Motion for Judgment on the Pleadings 246
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.12.19
Excerpt: ...laint alleged compliance with C.C.P. §377.32, and attached a copy of Plaintiff's declaration pursuant to C.C.P. §377.32. CRESTWOOD initially argued that Plaintiff's complaint failed to allege recovery for her decedent mother's pain and suffering within her elder abuse cause of action, based upon Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256. In Quiroz, like in the present case, a dependent adult died in a skilled nursing facility. H...
2019.12.19 Motion for Summary Judgment, Adjudication 037
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.12.19
Excerpt: ... by Defendants to Plaintiff that was breached by Defendants' conduct. But, Defendants have failed to meet their initial burden of establishing that the element of duty cannot be established. (Code Civ. Proc. § 437c(p)(2); Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264, 274.) Defendants' own evidence establishes that they meet the definition of an automobile dismantler as a buyer or seller of the component materials of a vehicle req...
2019.11.21 Motion for Evidentiary, Issue and Terminating Sanctions, for Leave to File Amended Answer 315
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.11.21
Excerpt: ...waived and the requests for admissions are deemed admitted, is denied in its entirety. Defendant brought this motion under CCP Sections 2030.290(a), 2031.300(a), 2033.280(a), and 2033.300(a). However, defendant did not satisfy either of the two conditions for relief set out in these statutes. First, defendant did not provide discovery responses “in substantial compliance” with the statutes, as required. The responses that were finally provide...
2019.11.21 Motion to Contest Good Faith Settlement 899
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.11.21
Excerpt: ... good faith settlement, accompanied by the declaration of plaintiff's attorney, would have been sufficient if the application had not been contested. A “barebones motion which sets forth the ground of good faith, accompanied by a declaration which sets forth a brief background of the case, is sufficient.” (The Rutters Group, California Procedure Before Trial, section 12:871, citing The City of Grand Terrace v. Superior Court (1987) 192 Cal.Ap...
2019.11.18 Motion to Compel Responses, Request for Monetary Sanctions 661
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.11.18
Excerpt: ... Production, Set One. On July 31, 2019, HSBC BANK served verified supplemental responses to all of these discovery requests. Yet plaintiffs never filed a new motion based on these supplemental responses or amended the present motion to include the supplemental responses. Therefore, the court will not rule on the sufficiency of either the original responses or the supplemental responses. The court notes that plaintiffs did not file a separate stat...
2019.11.18 Motion to Compel Responses, to Deem Admitted Truth of Facts 596
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.11.18
Excerpt: ...18, 930 [the nature of a motion is determined by the relief sought, not the label used by the party]; Sole Energy Co. v. Petrominerals Coro. (2005) 128 Cal.App.4th 187, 193 [same].) Plaintiffs admit that Defendants served responses to their discovery requests and claim that the untimeliness resulted in a waiver of objections. (Decls. of McCann, ¶ 6.) The court notes that, notwithstanding any objections, Defendants provided substantive responses ...
2019.11.14 Motion to Compel Responses, to Deem Admitted Truth of Facts 596
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.11.14
Excerpt: ...18, 930 [the nature of a motion is determined by the relief sought, not the label used by the party]; Sole Energy Co. v. Petrominerals Coro. (2005) 128 Cal.App.4th 187, 193 [same].) Plaintiffs admit that Defendants served responses to their discovery requests and claim that the untimeliness resulted in a waiver of objections. (Decls. of McCann, ¶ 6.) The court notes that, notwithstanding any objections, Defendants provided substantive responses ...
2019.11.13 Special Motion to Strike 422
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.11.13
Excerpt: ...ity itself [must be] the wrong complained of, and not just evidence of liability or a step leading to some different act for which liability is asserted.” (Wilson v. Cable News Network, Inc. (2019) 7 Cal.5th 871, 884; Park v. Bd. of Trs. of Cal. State Univ. (2017) 2 Cal.5th 1057, 1061.) Cross‐complainants' allegation that they “were forced to retain the services of attorneys to defend them [due to a complaint filed with the Bureau of Real E...
2019.11.13 Motion for Final Approval of Class Action Settlement and Approval of Applications for Attorneys' Fees 320
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.11.13
Excerpt: ...and as required by the Court's order granting preliminary approval. Having considered the unopposed motion for final approval and the supporting declarations and evidence, the court finds that the settlement was entered into good faith, is fair, reasonable and adequate, and satisfies the standards for final approval under California law. (Civil Code §1781; Code Civ. Proc. §382; Cal. Rules of Ct., rule 3.769.) Good cause appearing to the satisfa...
2019.11.13 Demurrer, Motion to Strike 749
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.11.13
Excerpt: ...v. Superior Court (2004) 32 Cal.4th 771, 790 [citing “the general rule that statutory causes of action must be pleaded with particularity”]; Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795 [the same]. Under Civil Code §2920.7(d), status of a devisee, heir or trust beneficiary does not automatically convey a right to assume and/or modify an existing loan. One must submit an application to the mortgage servicer, who “may...
2019.11.8 Demurrer 168
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.11.8
Excerpt: ...ons are uncertain. The complaint also does not state facts sufficient to constitute a cause for fraud based on intentional or negligent misrepresentation or concealment. Allegations of fraud must be specific. The allegations regarding the alleged misrepresentations of an “attrition of 33 employees” are not sufficiently specific. Also, the allegations are uncertain. The court notes that co‐defendant CALIFORNIA MENTOR FAMILY HOME AGENCY, LLC,...
2019.11.7 Motion to Quash or Modify Protective Order, Request for Attorneys' Fees 070
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.11.7
Excerpt: ...or this reason, discovery in a CEQA case is unusual. Pomona Valley Hospital Medical Center v. Superior Court (1997) 55 Cal.App.4th 93, 102 [limited discovery Page 2 of 3 available upon a showing that it is “reasonably calculated to lead to evidence admissible under section 1094.5”]. Limited areas of discovery can be proper in a CEQA case, as acknowledged by a statute which requires setting of a CEQA hearing briefing schedule that can be exten...
2019.10.24 Special Motion to Strike 157
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.10.24
Excerpt: ...port Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5th 637, 645 [anti‐SLAPP motion permitted against an amended complaint only if it could not have been brought earlier].) The motion was not filed until July 15, 2019. Defendant fails to provide the court with good cause to consider the untimely motion. Defendant claims that it held off on filing the motion in the hopes of settling the action at a mediation on April 23, 20...
2019.10.23 Motion for Summary Adjudication 601
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.10.23
Excerpt: ...guilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850). SEENO did not meet either of these burdens on this motion. In contending that cross‐defendant DESILVA GATES CONSTRUCTION has a present duty to defend SEENO in this construction defect action, SEENO relies on the indemnity provisions in SEENO'S subcontracts with DESILVA, specifically, paragraph 2.13.1 of these subcontracts, which are virtually identical. However, these indemnity provi...
2019.10.17 Demurrer 095
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.10.17
Excerpt: ...(1996) 42 Cal.App.4th 1746, 1750 [the court may take judicial notice of the records and files of a state entity].) Plaintiff's claim, received by the Government Claims Program on May 24, 2017, states only a claim against “California Department of Correction [sic] and Rehabilitation”. (Decl. of Rivera, Exh. A, ¶ 16.) Nothing in the claim purports to identify any claim against, wrongful conduct by, or liability of Defendant Valdez. (Id., Exh. ...
2019.10.16 Motion to Strike Costs 680
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.10.16
Excerpt: ...eding as a witness in litigation in a matter regarding an event or transaction that he or she perceived or investigated in the course of his or her duties, to which that local agency is not a party, shall receive the salary or other compensation to which he or she is normally entitled from that local agency during the time that he or she prepares for his or her response and appearance, during the time that he or she travels to and from the place ...
2019.9.18 Motion for Judgment on the Pleadings 035
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.9.18
Excerpt: ... is not a defense to a claim of indebtedness. (See, Ab Group v. Wertin (1997) 59 Cal.App.4th 1022, 1028 [a borrower is legally obligated to repay her loans].) Judgment shall be entered for Plaintiff and against Defendant for the principal balance of $843.99. Prejudgment costs must be claimed and contested in accordance with the rules adopted by the Judicial Council. (Code Civ. Proc. § 1034(a); Cal. Rules of Court, rule 3.1700.) ...
2019.9.17 Petition to Compel Arbitration 579
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.9.17
Excerpt: ...ns. Co. (1972) 7 Cal.3d 988 were similar to the facts presented in this case, Orpustan was decided “based upon the language of the insurance policy” and was therefore “fully consistent with the antecedent decisions which required the parties to arbitrate those controversies which they had agreed to arbitrate.” (Freeman v. State Farm Mut. Auto. Ins. Co. (1975) 14 Cal.3d 473, 482.) The arbitration agreement in the instant case is expressly ...
2019.9.11 Motion to Quash Subpoena 768
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.9.11
Excerpt: ...2‐553; Pioneer Elecs. (USA), Inc. v. Superior Court (2007) 40 Cal.4th 360, 370‐371.) Plaintiff raises the countervailing interest of facilitating the ascertainment of truth in legal proceedings (Britt v. Superior Court (1978) 20 Cal.3d 844, 857; Bd. of Trustees v. Superior Court (1981) 119 Cal.App.3d 516, 525) and establishes that records relating Defendant's driving ability and history are directly relevant to her negligent hiring and entrus...
2019.9.10 Demurrer 450
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.9.10
Excerpt: ...Mandri v. Judkins (1997) 52 Cal.App.4th 326, 336 [nondisclosure or concealment may constitute actionable fraud “when the defendant had exclusive knowledge of material facts not known to the plaintiff”].) A general demurrer may not be sustained if the facts alleged state a cause of action on any theory. (Young v. Gannon (2002) 97 Cal.App.4th 209, 220; Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 870‐871.) Parties to appear to discuss the a...
2019.9.5 Demurrer 450
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.9.5
Excerpt: ...Mandri v. Judkins (1997) 52 Cal.App.4th 326, 336 [nondisclosure or concealment may constitute actionable fraud “when the defendant had exclusive knowledge of material facts not known to the plaintiff”].) A general demurrer may not be sustained if the facts alleged state a cause of action on any theory. (Young v. Gannon (2002) 97 Cal.App.4th 209, 220; Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 870‐871.) Parties to appear to discuss the a...
2019.8.22 Motion to Set Aside Default, Judgment 592
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.8.22
Excerpt: ... 29 Cal.App.5th 1241 and other cases cited by U.S. Fire, which involved the actual insurer of the defaulting defendant. The motion is denied without prejudice to a subsequent motion to set aside should U.S. Fire determine that it did, in fact, issue an insurance policy to Associated Insulation during the period of plaintiff's alleged asbestos exposure. The court notes that while U.S. Fire may not bring this motion to set aside without evidence th...
2019.8.22 Motion to Compel Further Responses 933
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.8.22
Excerpt: ... motion had already been filed. (Decl. of Rivero, Exh. 15.) In addition, the discovery sought will not be relevant to any outstanding disputed issue between the parties in light of Defendant's offer to file the proposed amended answer fully admitting liability for civil penalties awardable under the Page 3 of 3 Song‐Beverly Consumer Warranty Act. (Civ. Code § 1794.) Defendant sought a stipulation to permit Defendant to file a proposed amended ...
2019.8.21 Motion for Summary Judgment, Adjudication 177
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.8.21
Excerpt: ...for summary adjudication of the second cause of action for medical professional negligence and sixth cause of action for wrongful death based on the same alleged negligent treatment is denied. Plaintiffs have established that there exists a triable issue of fact concerning whether Defendant's treatment of Decedent fell below the applicable standard of care by presenting the declaration of an expert contradicting Defendant's expert. (See, Decl. of...
2019.8.15 Motion for Summary Judgment 364
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.8.15
Excerpt: ...§ 437c(p)(2).) Defendants improperly relied on their own responses to Plaintiff's form interrogatories and requests for admissions in attempting to show that they did not have any actual knowledge of the existence of dogs on the leased property. (Code Civ. Proc. §§ 2030.410, 2033.410; Great Am. Ins. Cos. v. Gordon Trucking, Inc. (2008) 165 Cal.App.4th 445, 450; Victaulic Co. v. Am. Home Assurance Co. (2018) 20 Cal.App.5th 948, 973; Gonsalves v...
2019.8.8 Demurrer 714
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.8.8
Excerpt: ...mmon counts.” (Farmers Ins. Exch. v. Zerin (1997) 53 Cal.App.4th 445, 460.) The essential elements to properly plead a common count are: 1) the statement of indebtedness in a certain sum, 2) consideration such as “goods sold” or “work done,” and 3) nonpayment. (Ibid.) Plaintiffs have adequately alleged an indebtedness in a sum certain, consideration based on “money lent”, and nonpayment. (Complaint, ¶¶ 4‐8.) No basis to find som...
2019.8.7 Motion for Summary Judgment, Adjudication 756
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.8.7
Excerpt: ...v. Proc. § 437c(p)(2); Lyle v. Warner Bros. Television Prods. (2006) 38 Cal.4th 264, 274.) Defendants present the uncontested testimony of Defendant Wagner establishing that Plaintiff ran into the crosswalk and in front of Defendant's vehicle against a red light and that Defendant did not have time to stop but was forced to swerve in an unsuccessful effort to avoid a collision with Plaintiff. (Amended Decl. of Wagner, ¶¶ 4, 6‐9.) Plaintiff i...
2019.8.1 Demurrer, Motion to Strike 101
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.8.1
Excerpt: ...solidated complaint is granted in part and denied in part. Defendants' motion is granted as to Plaintiffs' allegations of sick leave notice requirements. PAGA specifically prohibits an action “for any violation of a posting, notice, agency reporting, or filing requirement of this code, except where the filing or reporting requirement involves mandatory payroll or workplace injury reporting.” (Lab. Code § 2699(g)(2); Titus v. McLane Foodservi...
2019.7.31 Motion to Strike 407
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.7.31
Excerpt: ...tained from Defendant Acceptance was adequate to cover Plaintiff's losses. Plaintiff's cause of action for negligence is based on the theory that Defendant Sharma “failed to procure insurance coverage with sufficient limits to cover the value of Plaintiff's investment” as requested by Plaintiff. Neither theory of liability supports a determination that a need to sue or defend against Defendant Acceptance resulted from Defendant Sharma's torti...
2019.6.26 Motion to Set Aside Default Judgment 848
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.6.26
Excerpt: ...which were set out in Rappleyea v. Campbell (1994) 8 Cal.4th 975. First, ARROWPOINT has established that it has a meritorious defense in that if STANDARD is defended, the $832,750.00 judgment, which includes $750,000.00 in general damages, will most likely be reduced. Second, ARROWPOINT has established a satisfactory excuse for not defending the action in that it never had notice of the action until April, 2018. Third, ARROWPOINT has established ...
2019.6.19 Motion to Strike Memorandum of Costs 680
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.6.19
Excerpt: .... Grosvenor Airport Assocs. (2005) 2005 Cal.App.Unpub.LEXIS 2239. While this court is not bound by those unpublished decisions, it does find in the absence of any binding authority that the absence of a MC‐011 worksheet is not a proper basis for striking all costs. Nevertheless, when costs claimed in a Judicial Council Optional Form MC‐010 summary are challenged by motion, and a worksheet is then provided with the opposition, the moving party...
2019.6.19 Demurrer 546
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.6.19
Excerpt: ...distress or acted with reckless disregard in causing plaintiff emotional distress. Finally, the complaint does not allege facts indicating that plaintiff experienced severe emotional distress as a result of the cutting of the tree. (See CACI 1600, 1602, 1603, and 1604). Plaintiff offers no new facts that could be alleged that would cure the defects in the complaint with respect to this cause of action. Therefore, the demurrer is sustained without...
2019.6.13 Motion to Consolidate 305
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.6.13
Excerpt: ...tion with other causes of action is generally prohibited. (Mobil Oil Corp. v. Superior Court (1978) 79 Cal.App.3d 486, 493; Childs v. Eltinge (1973) 29 Cal.App.3d 843, 853.) Plaintiff has not demonstrated that an exception should be made in her case. (See, Knowles v. Robinson (1963) 60 Cal.2d 620, 625‐626 [exceptions to the rule are primarily grounded on some circumstance removing the need of timely possession of the premises, such as voluntary...
2019.6.12 Motion for Summary Judgment 953
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.6.12
Excerpt: ...ng stricken if an objection to it is raised. Page 2 of 6 C.C.P. §437c(d) states: Supporting and opposing affidavits or declarations shall be made by a person on personal knowledge, shall set forth admissible evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated in the affidavits or declarations. An objection based on the failure to comply with the requirements of this subdivision, if not made at th...
2019.5.16 Demurrer, Motion to Strike 749
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.5.16
Excerpt: ....4th 771, 790 [citing “the general rule that statutory causes of action must be pleaded with particularity”]; Lopez v. Southern Cal. Rapid Transit Dist. (1985) 40 Cal.3d 780, 795 [the same]. Plaintiff's HBOR‐based and unfair business practices causes of action are premised upon her status as a successor in interest, residing on the subject property for more than 6 months prior to the death of her mother (her last surviving parent), entitled...
2019.5.15 Motion for Judgment on the Pleadings 139
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.5.15
Excerpt: ...ent of the CEQA process”]; 15202(a) [“CEQA does not require formal hearings at any stage of the environmental review process. Public comments may be restricted to written communications”]; El Morro Community Assn. v California Dept. of Parks & Recreation (2004) 122 Cal.App.4th 1341, 1348, n.4 [“Although public hearings are encouraged, CEQA does not require them on environmental documents or in connection with project approval”]. An agen...
2019.5.9 Motion to Strike 422
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.5.9
Excerpt: ...by filing a UCC financing statement claiming a security interest in Plaintiff GMP Process Piping. But, as already explained in Page 2 of 3 this Court's ruling on Defendants' demurrer to Plaintiffs' prior cause of action for breach of the implied covenant of good faith and fair dealing based on the same two claims, the parties' agreement contained no provision regarding the need for or referral regarding any accountants and specifically granted De...
2019.5.8 Demurrer 933
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.5.8
Excerpt: ... the implied warranty of merchantability. The core test of merchantability is fitness for the ordinary purpose for which such goods are used, and the warranty may be breached if a vehicle is not in a safe condition. (Brand v. Hyundai Motor Am. (2014) 226 Cal.App.4th 1538, 1546‐1547; Isip v. Mercedes‐Benz USA, LLC (2007) 155 Cal.App.4th 19, 26‐27.) Plaintiff has adequately alleged facts from which it can be concluded that the vehicle was not...
2019.5.8 Demurrer, Motion to Strike 809
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.5.8
Excerpt: ...ed to stop at the accident scene and provide his contact information. This allegation, without more, is not sufficient to indicate malice or conscious disregard on the part of defendant. As the courts indicated in Taylor v. Superior Court (1979) 24 Cal.3d 890 and Dawes v. Superior Court (1980) 111 Cal.App.3d 82, although alleged intoxicated driving may give rise to a punitive damages claim, such an allegation, without any alleged facts regarding ...
2019.5.2 Motion to Consolidate Cases for Trial 120
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.5.2
Excerpt: ... have common worksites, similar occupations, similar times of exposure, or similar types of diseases. In addition, although three of the plaintiffs are living, one is deceased and another is seeking preference in trial setting due to his health. Finally, the status of the discovery in each case appears to be different. Therefore, the court finds that there is insufficient commonality for the four cases to be consolidated. ...
2019.5.1 Demurrer 389
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.5.1
Excerpt: ... explore options to avoid foreclosure (FAC, ¶¶ 18, 28, 38), no actual contact is required by the statute and Plaintiff fails to allege specific facts demonstrating that Defendant failed to exercise due diligence in its attempts to contact Plaintiff. (Civ. Code § 2923.5(e); Rossberg v. Bank of Am. (2013) 219 Cal.App.4th 1481, 1494.) Although Plaintiff does state that Defendant did not attempt to contact him, he provides no factual support for h...
2019.4.18 Demurrer, Motion to Quash Service of Summons 725
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.4.18
Excerpt: ...HE. The second amended complaint alleges sufficient facts to indicate that FORSYTHE was on duty as a security officer in the area in front of the Six Flags park at the time of the incident, and his alleged conduct was incident to his duties or could have been reasonably foreseen by defendants. (Martinez v. Hagopian (1986) 182 Cal.3d 1223, 1228). The demurrer to the third cause of action for conversion is sustained to the extent it is based on the...
2019.4.18 Motion to Dismiss Action 040
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.4.18
Excerpt: ...oner here filed a request for hearing on September 12, within 90 days after filing the petition on June 18. Real party in interest SOLANO COUNTY WATER AGENCY (“SCWA”) did not contest the timeliness of the filing of this request, but argued that it was a hollow request if the administrative record was not ready, or soon to be ready. Public Resources Code §21167.6(a) requires the petitioner to request the respondent public agency prepare the r...
2019.4.11 Motion for Judgment on the Pleadings 047
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.4.11
Excerpt: ...b Group v. Wertin (1997) 59 Cal.App.4th 1022, 1028 [a borrower is legally obligated to repay her loans].) Judgment shall be entered for Plaintiff and against Defendant for the principal balance of $3,109.65 and costs of $374.50 for a total of $3,484.15. ...
2019.4.3 Motion for Preference in Trial Setting 342
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.4.3
Excerpt: ...prevent her from participating in trial if it is set beyond the next 120 days. Under CCP Section 36.5, a declaration regarding plaintiff's medical condition may be signed by an attorney. However, the records attached to the declaration of attorney Thomas Mitchell do not clearly support the statements he made in his declaration. The emergency room report attached to the declaration does not indicate that plaintiff suffered a traumatic brain injury...
2019.3.27 Motion for Sanctions 258
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.3.27
Excerpt: ... under CCP Section 128.7(b)(1); they have not established that plaintiff's claims are not warranted by existing law under CCP Section 128.7(b)(2); and they have not established that plaintiff presented the complaint with knowledge that the claims in the complaint lack evidentiary support under CCP Section 128.7(b)(3). Defendants did not submit sufficient evidence in support of the motion. Although they submitted the transcript of the deposition o...
2019.3.21 Motion to Enforce Settlement, Request for Sanctions 701
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.3.21
Excerpt: ...ent, or compel a party to sign any document related to the settlement. The court notes that no transcript of the MSC proceeding of July 16, 2018, was submitted in support of the motion. Therefore, the court is left to rely only on the terms of the settlement reflected in the minute order for the MSC in determining what settlement terms should be included in the judgment to be entered under CCP Section 664.6. The minute order clearly reflects the ...
2019.3.6 Motion for Reconsideration, to Vacate Judgment on the Pleadings 082
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.3.6
Excerpt: ... service by mail on Defendants' counsel on that same date. Plaintiff's motion, also bearing the name and address of this new counsel of record, was served by mail on Defendants' counsel, again on January 22. Defendants' opposition, filed one month later, attached a proof of service by mail, listing only Plaintiff, and not her new counsel, as being served. The court therefore could not consider the arguments raised in those improperly served oppos...
2019.3.6 Demurrer 192
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.3.6
Excerpt: ...he demurrer to the first cause of action for breach of contract and the second cause of action for fraud, which plaintiff states in his opposition are not directed to defendant SLACK, is sustained WITHOUT leave to amend. The demurrer to the fourth cause of action for unjust enrichment is also sustained WITHOUT leave to amend. The first amended complaint does not allege any facts to suggest that defendant SLACK may be liable for unjust enrichment....
2019.2.27 Demurrer 064
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.2.27
Excerpt: ...cy interest, 2) a reasonable expectation of privacy by the plaintiff under the circumstances, and 3) a serious invasion of the privacy interest. (Hill v. Nat'l Collegiate Athletic Ass'n (1994) 7 Cal.4th 1, 39‐40; Strawn v. Morris, Polich & Purdy, LLP (2019) 30 Cal.App.5th 1087, 1098.) All that is alleged against Defendant is that it carried out the nonjudicial foreclosure of Plaintiffs' home. There was no serious invasion of any legally protect...
2019.2.21 Demurrer 153
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.2.21
Excerpt: ...tity liability is for an injury caused by the dangerous condition of public property. Government Code §835. Thus, absent a statute prescribing a particular immunity, a public entity can be held liable if it created the dangerous condition, or had actual notice of a dangerous condition that it could have fixed or warned about. Government Code §831.4 prescribes immunity to public entities from an injury caused by an unpaved road, trail, path or s...
2019.2.19 Demurrer 293
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.2.19
Excerpt: ...s or businesses. California Practice Guide (Hogoboom & King), Family Law, §§20:20 through 20:27. Plaintiff's 1st amended complaint alleged agreements, “orally and/or implied by contract”, to (1) share equally all of the property accumulated by the parties, including the real property [1st cause of action]; and (2) upon separation, to provide adequate means of support sufficient to provide for the reasonable living expenses of a party unable...
2019.2.14 Motion to Declare Vexatious Litigant 007
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.2.14
Excerpt: ...ta County [Contra Costa County Case RSC16‐0264]. This action was also dismissed, in August 2016, as “Plaintiff already had a hearing on same issues in Solano County”. In November 2016, Plaintiff in propria persona (“pro per”) filed a new unlimited jurisdiction action against Defendant, as Case No. FCS048007, again based upon the same claim of legal malpractice. Back in 2017, the court sustained a demurrer to the operative complaint, in ...
2019.2.13 Motion for Admission Pro Hac Vice, Application for Leave to Intervene 828
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.2.13
Excerpt: ...service on the State Bar of California at its San Francisco office (CRC rule 9.40(c)(1)), and for failure to pay the $50.00 fee to the State Bar (CRC rule 9.40(e)). Further, it appears that the applicants are intending to make repeated appearances in two (2) other California actions. 2) C.C.P. §387 authorizes a non‐party to an action to file seek to intervene. However, any such request, by way of noticed motion or ex parte application, must in...
2019.2.13 Demurrer, Motion to Strike 422
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.2.13
Excerpt: ...aintiffs conclude that Defendants breached the representation agreement by failing to “market and attempt to sell [the business] with the requisite skill, care, and diligence”, but fail to allege any facts supporting this conclusion. (Complaint, ¶ 34.) Conspicuously absent from the complaint are any factual allegations concerning what Defendants did or failed to do to market and attempt to sell the business and how Defendants' conduct fell b...
2019.2.7 Motion to Compel Further Responses, for Sanctions 235
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.2.7
Excerpt: ...C. to Provide Further Responses to Amended Requests for Admissions, Set One, and for Sanctions TENTATIVE RULING When a party upon whom written discovery is propounded serves responses raising objections which are too general or without merit, instead of providing substantive responses, the propounding party may, after informal attempts to resolve the disputes, move to compel further responses. C.C.P. §2030.300(a)(3) [interrogatories]; §2031.310...
2019.1.31 Motion to Strike, to Compel Further Responses 784
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2019.1.31
Excerpt: ...5th 1131, 1150.) This also supports causes of action under the Consumer Legal Remedies Act and for declaratory relief. (Id. at 1152‐1153.) Motion to Strike Defendant's motion to strike Plaintiff's prayer for public injunctive relief is denied. Private plaintiffs are not precluded from seeking public injunctive relief in an action claiming a violation of the UCL or the CLRA. (McGill v. Citibank (2017) 2 Cal.5th 945, 961.) Motion to Compel Furthe...
2018.8.1 Motion for Summary Judgment 449
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2018.8.1
Excerpt: ...ured, as required for liability under Labor Code Section 4558. (CONCO'S Separate Statement of Undisputed Material Facts, Nos. 34, 37‐43, 47 and evidence cited therein). In fact, according to the evidence submitted, there was a “cover guard” on the press, which plaintiff himself opened so that he could work on the inside of the press just prior to the accident. (CONCO'S Separate Statement of Undisputed Material Facts, Nos. 12‐ 18 and evide...
2018.7.19 Motion to Continue Trial, to Quash Subpoena 439
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2018.7.19
Excerpt: ...sh Subpoena to David Grant USAF Med Center filed by Plaintiff Motion to Quash Subpoena to Rohit's Cleaning Service filed by Plaintiff TENTATIVE RULING The court notes that the meet and confer efforts were inadequate. Plaintiff's counsel's emails, which did not begin until April 19, 2018, simply reiterate her objections to the subpoenas and argue that none of the documents sought in the subpoenas is discoverable. This is not the law. Clearly, some...
2018.7.19 Motion to Compel Discovery Responses 091
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2018.7.19
Excerpt: ...n and Regina Yin are compelled to attend their depositions scheduled on July 23 and July 24. Plaintiffs are awarded reasonable attorneys' fees and costs from Defendants as monetary sanctions in the amount of $1,040, payable within 30 days of the date of service of the order awarding sanctions. The Court does not consider any matters that are not stated in Plaintiffs' notice of motion and raised for the first time in Plaintiffs' reply. (Kinda v. C...
2018.7.18 Motion for Summary Adjudication 609
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2018.7.18
Excerpt: ...ARTNERS, LLC, and PACIFIC SECURITY CONSULTANTS (“PSC”), PSC has a duty to defend and indemnify cross‐complainants in the underlying action filed by RANDALL LEE SHERWOOD and ALBERTA LATORRES. The court's ruling is based on the undisputed evidence that: (1) The services contract between STARWOOD and PSC requires PSC to defend, indemnify, protect, and hold harmless the “Manager” and “Owner” of the shopping center property known as “S...
2018.7.12 Motion for Summary Judgment 808
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2018.7.12
Excerpt: ...e period of the decedent's alleged exposure from 1970 to 1973. Plaintiffs' expert, Sean Fitzgerald, indicates that according to certain tests, there was some asbestos in the talc, and that tests indicating no evidence of asbestos in the talc were not conclusive in this regard. Fitzgerald establishes that the decedent's asbestos exposure from Emtal talc was more than a mere possibility, and that this exposure may have been a substantial factor in ...
2018.7.11 Motion to Compel Further Responses, Request for Sanctions 621
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2018.7.11
Excerpt: ...ction 2030.210 governing responses to interrogatories and CCP Sections 2031.210 and 2031.280 governing responses to requests for production. Plaintiff is to provide further responses to Special Interrogatories, Set One, Nos. 3, 7, 11, 15, 19, 23, 27, 31, 35, 39, 43, 46, 50, 54, 58, 61, and 62, in compliance with CCP Section 2030.210; and to provide a further response to Request for Production, Set One, No. 1, in compliance with CCP Sections 2031....
2018.7.11 Motion to Compel 169
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2018.7.11
Excerpt: ......
2018.7.5 Motion for Reconsideration 007
Location: Solano
Judge: Daniels, D. Scott
Hearing Date: 2018.7.5
Excerpt: ...eration of the December 2017 order), but not the grounds for issuance. A memorandum of points and authorities “must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases and textbooks cited in support of the position advanced.” CRC 3.1113(b). Plaintiff here combined her notice of motion with the points and authorities. However, she did not state in any coherent ...

67 Results

Per page